(This means compliance to the WASP society and values of the U.S.A. as perceived by them.)
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WHEREAS to this day, Native Hawaiians remain subject to the final authority of the federal government; and
(It goes further than that; it's about nation TO nation which the U.S.should enter into a treaty situation and of honoring the one it alreadyratified recognizing the Hawaiian Kingdom as a peer to it and thus,relations are dealt by the Secretary of State. This subjugation is thecontinuance of the Manifest Destiny Doctrines as wards of the U.S.,which includes the Papal Bulls of Terra Nullius, Dum Diversas, RomanusPontifex, and Inter Caetera.)
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WHEREAS on May 7, 2009, Hawaii’s congressional delegation introduced legislation that would clarify the legal and political relationship between Native Hawaiians and the United States; and
(This has already been determined in its treaties of friendship andcomity and its recognition of the Kingdom of Hawai'i as its peer;subject to its Constitution as the Supreme Law of the Land. The AkakaBill doesn't address this but dictates how it will deal with Hawaiinationals that are native Hawaiians and dismissing those that don'thave the blood.)
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WHEREAS the measure, otherwise known as the "Akaka Bill," aims toextend the federal policy of self-determination and self-governance toHawaii’s indigenous, native people – Native Hawaiians, therebyestablishing parity in federal policies towards Native Hawaiians,Alaska Natives and American Indians; and
(Here again they promote the myth and deception. The Federal Policy isexpressed in the so-called Peace Treaty of 1871 whereby the U.S Senatedeclares that Indian nations will no longer be recognized as independentpowers with whom treaties can be contracted and assigned Christianmissionaries the task of working with the tribes. This reduces thestatus of the Hawaii nationals to the ranks of a U.S. tribal peoplesubject to the plenary authority of the U.S. Congress and under theSecretary of the Interior and not relations with the Secretary ofState. The notion of a nation within a nation is actually defined as abelligerent occupation. Hawaiians are NOT indigenous tribal people butaboriginal nationals/subjects of the Kingdom of Hawai'i. The Doctrinesof Manifest Destiny prevail in this case.)
WHEREAS the Akaka Bill would:
(1) Authorize the Office of Native Hawaiian Relations in theDepartment of the Interior to serve as a liaison between NativeHawaiians and the federal government;
(It's like dealing with the British subjects but not its government;people of other countries and ignoring their government or nationalstatus.)
(2) Establish the Native Hawaiian Interagency Coordinating Group – aninteragency group to be composed of federal officials from agenciesthat administer Native Hawaiian programs and services; and
(This doesn't fulfill the definition of self-determination and self-governance.)
(3) Establish a process for the reorganization of the Native Hawaiian governing entity; and(It's like dealing with the British subjects but not its government;people of other countries and ignoring their government or nationalstatus.)
(2) Establish the Native Hawaiian Interagency Coordinating Group – aninteragency group to be composed of federal officials from agenciesthat administer Native Hawaiian programs and services; and
(This doesn't fulfill the definition of self-determination and self-governance.)
(This is a usurpation of the still existing, legitimate Kingdom of Hawai'i.)
WHEREAS while the United States Congress has traditionally treated Native Hawaiians in a manner parallel toAmerican Indians and Alaska Natives, the federal policy ofself-governance and self-determination has not been formally extendedto Native Hawaiians; and
(While this is true; it's a charade of hiding the facts of belligerentoccupation, the violations of Hawai'i's neutrality, the act ofethnocide and genocide of the native aboriginal Hawaiians, andprevention of our human rights.)
WHEREAS the Akaka Bill would remedythis discrepancy and extend to Native Hawaiians the policy ofself-governance and self-determination currently practiced by AmericanIndians and Alaska Natives; and
(The only remedy would be for the U.S. to de-occupy the Kingdom ofHawai'i, make restitution and reparations to restore it to its lawfulstatus and its people.)
WHEREAS the Akaka Bill establishes a process for the reorganization of the Native Hawaiian governing entity for the purposes of federal recognition; and
We already have ratified treaties that recognize our sovereignindependence and perpetual friendship by the U.S.A. which is anotherterm for federal recognition.)
WHEREAS the Akaka Bill itself does not extend federal recognition;rather, it simply authorizes the process for federal recognition; and
( More double-talk! Which is it if it doesn't extend federalrecognition but only authorizes a process for it? It would take anotherbill for federal recognition? Why have the Akaka Bill at all? This ismore myths; disinformation and being disingenuous to obfuscate facts.)
WHEREAS the federal government already treats Native Hawaiians as an indigenous population in many respects; and
(If this is true; then why have the Akaka Bill?)
WHEREAS the United States Congress has enacted over one hundred sixtylaws designed to address the conditions of native populations includingNative Hawaiians; and
WHEREAS these federal laws mandate the provision of health care,education, job training, the preservation of native languages, theprotection of Native American graves and the repatriation of NativeAmerican human remains; and
(We aleady see how effective these laws are as it is. Maybe we shouldadvise DLNR of these facts; evidently, they are ignorant and inept intheir ability or desire to carry these things out; of course, we can'texpect much from them as it is.)
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WHEREAS the National Caucus of Native American State Legislatorsbelieve that the United States Congress and the President of the UnitedStates should favorably consider the Native Hawaiian GovernmentReorganization Act of 2009 to facilitate Native Hawaiians formalfederal recognition as indigenous people, self-governance, and redress;now
(This has nothing to do with proper and legal redress. It's a farcicalactions to do unlawfully what it cannot do lawfully; even by redefiningwho we are.)
THEREFORE BE IT RESOLVED BY THE NATIONAL CAUCUS OF NATIVE AMERICANSTATE LEGISLATORS that the inherent sovereignty of Tribes as recognizedthrough historical treaties and legal relationships that exist betweenTribal Nations and the United States of America is undeniable; and
(Everything that they present is false and contrary to our status; it's deniable that we fit under these definitions.)
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BE IT FURTHER RESOLVED that, upon passage of the Native HawaiianGovernment Reorganization Act of 2009, the United States Congress andthe President of the United States are urged to expeditiouslyfacilitate Native Hawaiians formal federal recognition as indigenouspeople, self-governance, and redress.
(This defies sanity, intelligence, rational and reasoning powers. It iscomical if only that they are taking this seriously and morally correctas ultracrepidarian critics.)
Sponsored by: Sen. Brickwood Galuteria (HI), Rep. Pono Chong (HI), Rep.Mele Carroll (HI), Rep. Karen Awana (HI), Rep. Faye Hanohano (HI)
Approved date is: September 25, 2009
Certified by Caucus Chair: Rep. John McCoy (WA)
Ratified certified by: The NCNASL, September 25, 2009
(By signing this, they have joined the snollygoster club ofunscrupulous,unprincipled persons suffering from synesthesia and thefatal oneirataxia.)
Tane
Comments
Recent posting from:
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
U.S. ARMY INSTALLATION COMMAND
Docket No. 40-9083
ASLBP No. 10-895-01-ML-BD01
ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD
Pursuant to delegation by the Commission dated December 29, 1972, published in the
Federal Register, 37 Fed. Reg. 28,710 (1972), and the Commission=s regulations, see
10 C.F.R. '' 2.104, 2.105, 2.300, 2.313, 2.318, and 2.321, notice is hereby given that an Atomic
Safety and Licensing Board (Board) is being established to preside over the following proceeding:
U.S. Army Installation Command
(Schofield Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii)
This proceeding concerns four requests for hearing from petitioners Cory Martha
Harden, Amelia Gora, Luwella Leonardi, and Barbara Moore. Additionally, e-mails in support of
Ms. Harden’s hearing request were submitted by Jim Albertini on behalf of the Malu ‘Aina
Center for Non-Violent Education and Action, by Isaac D. Harp, and by Angela Rosa. The
hearing requests and supporting filings were submitted in response to an August 13, 2009
Notice of License Application Request of U.S. Army Installation Command for Schofield
Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii, and Notice of
Opportunity To Request a Hearing (74 Fed. Reg. 40,855). The license application requests
authority for the U.S. Army Installation Command to possess depleted uranium (DU) at the
Schofield Barracks and Pohakuloa Training Area sites due to the existence of residual DU
resulting from the use of M101 Spotting Rounds.
- 2 -
The Board is comprised of the following administrative judges:
E. Roy Hawkens, Chair
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001
Anthony J. Baratta
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001
Michael F. Kennedy
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001
All correspondence, documents, and other materials ordinarily are filed in accordance
with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 Fed. Reg. 49,139).
Several petitioners have requested to be exempted from complying with that rule. Those
requests shall be resolved by the Board.
/RA/
E. Roy Hawkens
Chief Administrative Judge
Atomic Safety and Licensing Board Panel
Issued at Rockville, Maryland,
this 24th day of November 2009.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
U.S. ARMY INSTALLATION COMMAND ) Docket No. 40-9083-ML
)
(Depleted Uranium at Pohakuloa Training )
Area and Schofield Barracks, Hawaii) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ESTABLISHMENT OF ATOMIC SAFETY AND
LICENSING BOARD have been served upon the following persons by E-mail with additional service
on representatives of the NRC Staff and the U.S. Army Installation Command by Electronic
Information Exchange (EIE).
U.S. Nuclear Regulatory Commission
Atomic Safety and Licensing Board Panel
Mail Stop T-3 F23
Washington, DC 20555-0001
E. Roy Hawkens, Chair
Chief Administrative Judge
E-mail: erh@nrc.gov
Anthony J. Baratta
Administrative Judge
E-mail: ajb5@nrc.gov
Michael F. Kennedy
Administrative Judge
E-mail: mfk2@nrc.gov
Katherine Tucker,
Law Clerk
E-mail: Katie.tucker@nrc.gov
U.S. Nuclear Regulatory Commission
Office of the General Counsel
Mail Stop O-15 D21
Washington, DC 20555-0001
Catherine Scott, Esq.
Kimberly Sexton, Esq.
Brett Klukan, Esq.
E-mail:
catherine.marco@nrc.gov
kas2@nrc.gov
brett.klukan@nrc.gov
OGC Mail Center: OGCMailCenter@nrc.gov
U.S. Nuclear Regulatory Commission
Office of Commission Appellate Adjudication
Mail Stop O-7H4M
Washington, DC 20555-0001
E-mail: ocaamail@nrc.gov
U.S. Army Installation Command
Environmental Law Division
901 N. Stuart St., Suite 402
Arlington, VA 22203
Kent Herring, LTC, JA
E-mail: kent.herring@us.army.mil
2
Docket No. 40-9083-ML
(ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD)
U.S. Nuclear Regulatory Commission
Office of the Secretary of the Commission
Rulemakings & Adjudications Staff
Mail Stop O-16C1
Washington, DC 20555-0001
E-mail: hearingdocket@nrc.gov
Cory Harden
P.O. Box 10265
Hilo, Hawaii 96721
E-mail: mh@interpac.net
Malu ‘Aina Center for Non-violent
Education & Action
P.O. Box AB
Kurtistown, Hawaii 96760
Jim Albertini, President
E-mail: JA@interpac.net
Amelia Gora
P.O. Box 861781
Wahiawai, Hawaii 96786
E-mail: hawaiianhistory@gmail.com
Isaac D. Harp
P.O. Box 437347
Kamuela, Hawaii 96743
Imua-hawaii@hawaii.rr.com
Luwella K. Leonardi
85-1363 Halapoe Place
Waianae, Hawaii 96792
E-mail: phonicsworks@gmail.com
Angela Rosa
P.O. Box 43
Hawi, Hawaii 96719
E-mail: angelarosa48@hotmail.com
Barbara Moore
E-mail: dfly@dragonflyranch.com
[Original signed by Nancy Greathead]
_________________________________
Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 24th day of November 2009.
PROTECTING SOVEREIGNTY THROUGH THE PROTECTION OF CEDED LANDS IN NATIVE AMERICAN, NATIVE HAWAIIAN, AND ALASKA NATIVE POPULATIONS
The National Caucus of Native American State Legislators (NCNASL) is made up of American Indian, Alaska Native and Native Hawaiian State Legislators from 16 states and is organized to provide a forum for discussion, education and increased communication. Additionally, the NCNASL identifies and proposes legislation and administrative actions to eliminate barriers to achievement of a better quality of life for Native people.
WHEREAS, Hawaiian ceded lands are all of the lands that had been designated as Crown lands and government lands by the Kingdom of Hawaii and ceded to the United States after the overthrow of the Kingdom via the Newlands Resolution (the 1898 resolution of annexation); and
WHEREAS, upon statehood, the United States government granted title to the ceded lands to the state of Hawaii; and
WHEREAS, the ceded lands were placed into trust and proceeds or revenue derived from the lands shall be used for specific purposes as provided in both the Admission Act and the Hawaii constitution; and
WHEREAS, the Admissions Act and Hawaii constitution provide that the ceded lands, together with the proceeds from the sale or other disposition of these lands and the income derived from them, must be used for five specified purposes, one of which is to support the betterment of conditions for Native Hawaiians; and
WHEREAS, the state of Hawaii has petitioned the U.S. Supreme Court to overturn a decision of the Supreme Court of Hawaii (Office of Hawaiian Affairs v. Housing & Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (2008)) which prevents the state from selling or transferring the ceded land without a prior agreement between the state and the Native Hawaiian population as to the settlement amount derived from these lands owed to Native Hawaiians; and
WHEREAS, state government has no authority to sell, transfer or claim proceeds derived from tribal trust lands; and
WHEREAS, in instances where revenue allocation questions exist between state and tribal government (i.e. sales tax revenue) there are many successful examples of state-tribal compacts and negotiated agreements; and
WHEREAS, public policy that is developed in cooperation with tribal government promotes mutually-beneficial state policies and positive working relationships between state government and tribal government and citizens; and
WHEREAS, the question of Native Hawaiian sovereignty is a political question currently pending before Congress (S. 310); and
WHEREAS, if the Court permits the state of Hawaii to sell or transfer the ceded lands prior to a Congressional decision on the issue of Native Hawaiian sovereignty the ability of Native Hawaiians to establish a sovereign governing entity and exercise powers of self-governance will be severely impaired.
THEREFORE BE IT RESOLVED BY THE NATIONAL CAUCUS OF NATIVE AMERICAN STATE LEGISLATORS, that the inherent sovereignty of Tribes as recognized through historical treaties and legal relationships that exist between Tribal Nations and the United States of America is undeniable; and
BE IT FURTHER RESOLVED that the National Caucus of Native American State Legislators supports the decision of the Supreme Court of Hawaii preventing the state of Hawaii from selling or transferring the ceded lands prior to an established settlement resolution; and
BE IT FURTHER RESOLVED that the National Caucus of Native American State Legislators expresses concern that if the federal or state court systems allow the state of Hawaii to sell or transfer the ceded lands prior to a settlement agreement being reached, the potential for a fair settlement, and a positive working relationship between the state and the Native Hawaiian population, is destroyed; and
BE IT FURTHER RESOLVED, the National Caucus of Native American State Legislators supports the right of the state of Hawaii and the Native Hawaiian population to establish a settlement for themselves, instead of a court-imposed decision forced upon them; and
BE IT FURTHER RESOLVED, the National Caucus of Native American State Legislators supports the belief that the disposition of ceded lands and the related policy issues are political questions that should be subject to policy deliberation and resolution be sought through the political process, not the state or federal court system.
Sponsored by: Sen. J. Kalani English, Hawaii
Rep. Mele Carroll, Hawaii
Rep. Faye Hanohano, Hawaii
Approved Date is: June 11, 2008
Committee of Jurisdiction: Tribal Relations and Trust Responsibility
Certified by Committee Chair:
Certified by Caucus Chair: Rep. John McCoy, Washington
Ratified certified by: The National Caucus of Native American State Legislators, June 11, 2008.